Section 3. Defenses and objections.

— If a defendant has no objection or

defense to the action or the taking of his property, he may file and serve a
notice of appearance and a manifestation to that effect, specifically
designating or identifying the property in which he claims to be interested,
within the time stated in the summons. Thereafter, he shall be entitled to
notice of all proceedings affecting the same.

If a defendant has any objection to the filing of or the allegations in the

complaint, or any objection or defense to the taking of his property, he shall
serve his answer within the time stated in the summons. The answer shall
specifically designate or identify the property in which he claims to have an
interest, state the nature and extent of the interest claimed, and adduce all
his objections and defenses to the taking of his property. No counterclaim,
cross-claim or third-party complaint shall be alleged or allowed in the answer
or any subsequent pleading.

A defendant waives all defenses and objections not so alleged but the court,
in the interest of justice, may permit amendments to the answer to be made
not later than ten (10) days from the filing thereof. However, at the trial of
the issue of just compensation whether or not a defendant has previously
appeared or answered, he may present evidence as to the amount of the
compensation to be paid for his property, and he may share in the
distribution of the award.

DEFENSES AND OBJECTIONS

1. If a defendant has any objection or defense to the taking of his property:

a) He shall serve his answer. The answer shall specifically designate or
identify the property in which he claims to have an interest, state the
nature and extent of the interest claimed;
b) Then he shall be entitled to notice of all proceedings affecting the
same.

The defendant in an expropriation case who has objections to the taking of

his property is required to file an answer and in it raise all his available
defenses against the allegations in the complaint for eminent domain. Failure
to file the answer does not produce all the disastrous consequences of default
in ordinary civil actions, because the defendant may still present evidence on
just compensation.

In the case of Robern Development Corporation v. Quitain, the Supreme

Court emphasized that all objections and defenses that could be availed of to
defeat the expropriator’s exercise of the power of eminent domain must be
contained in an answer and not in a motion to dismiss because these matters
require the presentation of evidence.

2. If there are no objections, he must file and serve a notice of appearance

and manifestation to that effect. And thereafter, shall be entitled to notice
of all proceedings.

WHAT IS THE REMEDY OF DEFENDANT IF ANSWER OMITS DEFENSES?

If the answer omits some defenses, the remedy, in order to prevent a waiver
of those defenses not alleged, is to seek leave to amend the answer within 10
days from the filing.

WHAT IS THE DUTY OF THE COURT IF THE DEFENDANT WAIVES HIS

DEFENSES AND OBJECTIONS

If a defendant waives all defenses and objections not so alleged, the court, in
the interest of justice, may permit amendments to the answer to be made
not later than 10 days from the filing.

However, at the trial of the issue of just compensation, whether or not a

defendant has previously appeared or answered, he may present evidence as
to the amount of the compensation to be paid for his property, and he may
share in the distribution of the award.

CAN THE DEFENDANT BE DECLARED IN DEFAULT

The defendant cannot be declared in default. However, failure to file an

answer would not bar the court from rendering judgment on the right to
expropriate, without prejudice to the defendant’s right to present evidence
on just compensation and to share in the distribution of the award.